Ex parte CHAN - Page 3




               Appeal No. 1997-4452                                                                                                  
               Application No. 08/653,978                                                                                            


                       Claim 15 stands rejected under 35 U.S.C. § 102 as being unpatentable over                                     
               Hassett.   Claims 1-14 and 16-31 stand rejected under 35 U.S.C. § 103 as being                                        
               unpatentable over Hassett  in view of Kang.                                                                           
                       Rather than reiterate the conflicting viewpoints advanced by the examiner and the                             
               appellant regarding the above-noted rejections, we make reference to the examiner's                                   
               answer (Paper No. 19, mailed May 23, 1997) for the examiner's reasoning in support of                                 
               the rejections, and to the appellant's brief (Paper No. 18, filed Feb. 3, 1997) and reply brief                       
               (Paper No. 20, filed Jul. 23, 1997) for the appellant's arguments thereagainst.                                       
                                                            OPINION                                                                  

                       In reaching our decision in this appeal, we have given careful consideration to the                           
               appellant's specification and claims, to the applied prior art references, and to the                                 
               respective positions articulated by the appellant and the examiner.  As a consequence of                              
               our review, we make the determinations which follow.                                                                  
                                                         35 U.S.C. § 102                                                             

                       Appellant argues that the answer does not address the claim limitation with respect                           
               to “forming mezzanine outline data defining a second plot of the desired outline, upwardly                            
               scaled from the target outline data onto a mezzanine grid . . .” as it relates to a showing of                        
               anticipation.  (See reply  brief at pages 2-4.)  We agree with appellant.  The examiner                               
               maintains the rejection and uses the terms “obviousness and triviality” along with “level of                          


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